Johnson v. State

Full title: TERRY JOHNSON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Oct 27, 1987

513 So. 2d 1388 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-2693.

October 27, 1987.

An Appeal from the Circuit Court for Dade County; Ellen J. Morphonios, Judge.

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT, and DANIEL S., PEARSON, JJ.

PER CURIAM.

Affirmed. Mulvey v. State, 41 So.2d 156 (Fla. 1949); Myers v. State, 499 So.2d 895 (Fla. 1st DCA 1986). This case presents the same question certified in Bellinger v. State, 513 So.2d 732 (Fla. 3d DCA 1987), Reid v. State, 512 So.2d 1161 (Fla. 3d DCA 1987), and Condiles v. State, 512 So.2d 331 (Fla. 3d DCA 1987).

Accordingly, we certify the following question to the Florida supreme court so that this case may be paired for review with Bellinger, Reid, Condiles, Hoefert v. State, 509 So.2d 1090 (Fla. 2d DCA 1987), Winters v. State, 500 So.2d 303 (Fla. 2d DCA 1986) and Myers:

IS USE OF THE HABITUAL OFFENDER STATUTE TO EXCEED THE STATUTORILY PRESCRIBED MAXIMUM SENTENCE FOR THE OFFENSE PRECLUDED WHERE THE SENTENCE IMPOSED DOES NOT EXCEED THE RECOMMENDED GUIDELINE SENTENCE?

Affirmed and certified.